DCBL Legal Letter for PCN from Aug 2017

Umkomaas

PurpleMystique said:

Ok, here is my paragraph in my own words. Do I need to add anything or take anything away or clarify anything?

The defendant displayed their valid blud badge on the vehicle dashboard 10 minutes after arrival. The blue badge was mistakenly left in the defendants possession however when this was discovered, the defendant returned to the vehicle and displayed the blue badge......

.... confirming an entitlement to use the disabled bay and meeting the requirements (to display a blue badge) of the contract between the Claimant and the Defendant. 

Add that.

Redx

PurpleMystique said:

Ok, here is my paragraph in my own words. Do I need to add anything or take anything away or clarify anything?

The defendant displayed their valid blud blue badge on the vehicle dashboard 10 several minutes after arrival. On exiting the vehicle the blue badge was mistakenly left still in the defendants possession , however when this was promptly discovered the defendant returned to the vehicle and displayed the blue badge as soon as was reasonably possible , confirming an entitlement to use the disabled bay and meeting the requirements (to display a blue badge) of the contract between the Claimant and the Defendant. 

Or something similar like my changes above

And it's blue badge , lol , not red. 😁

Fruitcake

I suggest you change several minutes to a few minutes. You can argue at the Witness Statement stage that the observation period wasn't long enough to include the time it took for you to find the badge and display it.

You could also add the claimant failed to make reasonable adjustments for a disabled motorist in accordance with the Equality Act 2010, such as allowing more time for them to display a badge, allow for that fact that some disabilities cause cognitive issues meaning people sometimes forget to display a BB (if applicable), and allow retrospective proof of the right to use an accessible bay.
The claimant is required by law to make reasonable adjustments in accordance with the Act, even if they are not aware of a person's disability at the time, but are later informed of such.

You should also get photos of the site and signage to see what the requirements are for using an accessible bay. If it simply says something like, a BB must be displayed, then that is exactly what you did. 

PurpleMystique

Umkomaas said:

PurpleMystique said:

Ok, here is my paragraph in my own words. Do I need to add anything or take anything away or clarify anything?

The defendant displayed their valid blud badge on the vehicle dashboard 10 minutes after arrival. The blue badge was mistakenly left in the defendants possession however when this was discovered, the defendant returned to the vehicle and displayed the blue badge......

.... confirming an entitlement to use the disabled bay and meeting the requirements (to display a blue badge) of the contract between the Claimant and the Defendant. 

Add that.

Thank you for this. Much appreciated. 

Just one question though, by saying 'of the contract between the Claimant and the Defendant' am I not stipulating or agreeing to there being a contractual agreement? 

PurpleMystique

Redx said:

PurpleMystique said:

Ok, here is my paragraph in my own words. Do I need to add anything or take anything away or clarify anything?

The defendant displayed their valid blud blue badge on the vehicle dashboard 10 several minutes after arrival. On exiting the vehicle the blue badge was mistakenly left still in the defendants possession , however when this was promptly discovered the defendant returned to the vehicle and displayed the blue badge as soon as was reasonably possible , confirming an entitlement to use the disabled bay and meeting the requirements (to display a blue badge) of the contract between the Claimant and the Defendant. 

Or something similar like my changes above

And it's blue badge , lol , not red. 😁

Thank you  

Redx

PurpleMystique said:

Umkomaas said:

PurpleMystique said:

Ok, here is my paragraph in my own words. Do I need to add anything or take anything away or clarify anything?

The defendant displayed their valid blud badge on the vehicle dashboard 10 minutes after arrival. The blue badge was mistakenly left in the defendants possession however when this was discovered, the defendant returned to the vehicle and displayed the blue badge......

.... confirming an entitlement to use the disabled bay and meeting the requirements (to display a blue badge) of the contract between the Claimant and the Defendant. 

Add that.

Thank you for this. Much appreciated. 

Just one question though, by saying 'of the contract between the Claimant and the Defendant' am I not stipulating or agreeing to there being a contractual agreement? 

The driver made the contract by parking there , so if the defendant was driving and is defending as a driver , they contracted to park and accept the parking rules enforced by the claimant by parking there !

PurpleMystique

Redx said:

PurpleMystique said:

Umkomaas said:

PurpleMystique said:

Ok, here is my paragraph in my own words. Do I need to add anything or take anything away or clarify anything?

The defendant displayed their valid blud badge on the vehicle dashboard 10 minutes after arrival. The blue badge was mistakenly left in the defendants possession however when this was discovered, the defendant returned to the vehicle and displayed the blue badge......

.... confirming an entitlement to use the disabled bay and meeting the requirements (to display a blue badge) of the contract between the Claimant and the Defendant. 

Add that.

Thank you for this. Much appreciated. 

Just one question though, by saying 'of the contract between the Claimant and the Defendant' am I not stipulating or agreeing to there being a contractual agreement? 

The driver made the contract by parking there , so if the defendant was driving and us defending as a driver , they contracted to park and accept the parking rules enforced by the claimant by parking there !

Thanks for clarifying for me

PurpleMystique

Hi all, 

I submitted my defence via email today. I'll await a response now, hopefully in my favour. 

Thank you all for your support up till now, I really could not have done it without all your guidance. 

I'll keep you all updated.

Umkomaas

PurpleMystique said:

Hi all, 

I submitted my defence via email today. I'll await a response now, hopefully in my favour. 

Thank you all for your support up till now, I really could not have done it without all your guidance. 

I'll keep you all updated.

You mustn't expect anything in your (or the Claimant's) favour at the Defence stage, you're only part-way there. Please read the NEWBIES FAQ Announcement, second post, because that tells you that's there is still much to do. Don't fall asleep on this or it will undoubtedly blow up in your face. 

PurpleMystique

hello all. Sorry for the delay in getting back with an update Ive been in hospital. Just got back yesterday. 

Im hoping for some direction here please. 

I have received two letter which I have attached below: